Terms of Service

last Updated September 2016

These Licences.ie terms of service (the “Terms”) form a legal agreement between you (“you”) and An Post, a limited company registered at General Post Office, O’Connell Street Lower, Dublin 1, D01 F5P2, with company number 98788, (“An Post”, "we” or “us") that governs your use of the Licences.ie integrated licence application system (the “Service”) which we make available at www.licences.ie (the “Site”). Our VAT number is 4736920J.

Please read these Terms carefully. The provision and availability of the Service by us, and your use of the Service, is subject to and conditional on your compliance with these Terms. By ticking the “I agree to the Licences.ie Terms of Service” or otherwise using the Service, you acknowledge and agree that you have read, understood and agree to be bound by these Terms, the Licences.ie Website Terms, the Licences.ie Privacy Statement, the Licences.ie Cookie Policy and any other applicable terms displayed on the Site. The term “you” for purposes of these Terms, means both you in your individual capacity, and if applicable, the company or other legal entity whom you represent and on whose behalf you access and use the Service. Capitalised terms used in these Terms have the meanings specified in clause 1 below or elsewhere in these Terms.

1. Definitions

In these Terms:

"Account" means the user details that you register with Licences.ie to enable you to access and use the Service. To open an Account, you must supply, at a minimum, your first and last names and email address. If you wish, you may also provide your mobile telephone number and (if applicable) your company name. Your email address will be your user name and you will also be asked to create a password. Your username together with your password will enable you to log-in to and use the Service;

"Content" means all content, material and other information made available on or through the Service;

"Licence" means a licence or a permit or certificate issued by a Licensing Authority

"Licensing Authority" means the issuer of a Licence;

"Licence Fee" means the fee charged by a Licensing Authority for the issuance (or renewal, as applicable) of a Licence;

"Payment Processing Fee" means the fee charged for processing a Licence Fee; and

2. Registering to Use the System

2.1 You are required to register on the Site to use the Service which includes setting up an Account. As part of the registration process you expressly agree to comply with these Terms

2.2 When you register with us you must provide truthful, accurate and complete registration information. It is your responsibility to update that information if it changes.

2.3 Each registration is for a single Service user only. We do not permit anyone other than you to use the Service using your user name and password. We also do not permit multiple users to access the Service using a single user name and password. You must treat your password as confidential and you must not disclose it to any third party. You are responsible for preventing such unauthorised use and for the results of any unauthorised use. If you believe there has been unauthorised use of your user name and / or password, you must notify us immediately by contacting us at support@licences.ie.

3. Information About You and Your Data

3.1 We process personal information about you in accordance with: (a) your instructions which are provided by you to us when you use the Service; and (b) the Licences.ie Privacy Statement and Licences.ie Cookie Policy. Please review these documents so that you understand how we process your personal information. By agreeing to these Terms, you consent to such processing and you warrant and agree that all personal information provided by you is truthful, accurate and complete.

3.2 When you use the Service to apply for a Licence, and then later use the Service to apply for another Licence, we will for your convenience, pre-populate certain fields in the Licence application form with information that you provided in the previous Licence application that you submitted through the Service. You hereby consent to us doing this; however, you will always be able to change the pre-populated data before you submit the Licence application to a Licensing Authority. We may disable this pre-population feature at any time in our sole discretion.

4. Right to Use

4.1 Subject to and in accordance with these Terms and the Licences.ie Website Terms, we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use the Service solely for the purpose of applying to a Licensing Authority for the issuance of a Licence, viewing the status of your Licence applications, viewing copies of your Licence applications, paying Licence Fees and any applicable Payment Processing Fees, and for such other purposes for which we make the Service available from time-to-time. You shall use the Service at all times in accordance with the instructions and directions set out on the Site from time-to-time.

4.2 We may in the future introduce features that enable you to receive and store copies of Licences issued by Licensing Authorities through the Service. If and when we make such features available, you will be able to download copies of your Licences from the Site while you maintain a current Account.

4.3 Notwithstanding clause 4.2, you are and will at all times remain solely responsible for keeping your own copies of all Licences, Licence applications and supporting documents

4.4 All rights in the Service that are not expressly granted in these Terms are hereby expressly reserved to and by us and our licensors

5. Nature of the Service

5.1 The Service enables you to apply for Licences, view the status of Licence applications, view copies of your Licence applications and pay Licence Fees and any applicable Payment Processing Fees. We may enable additional features in the future. The issuance by the applicable Licensing Authority of a Licence to you, and the terms and conditions applicable to that Licence, are outside the scope of these Terms. The terms and conditions of the relevant Licence, and its issuance by the relevant Licensing Authority, are specified by the Licensing Authority, relevant legislation or otherwise, and are not the responsibility of An Post. It is your responsibility to familiarise yourself with such Licence terms and conditions and to comply with them. You should contact the relevant Licensing Authority if you have questions about any Licence, including the terms and conditions applicable to such Licence as we are unable to provide this information.

5.2 To the extent permitted by applicable law and subject to clause 10.5, An Post hereby disclaims any and all responsibility and liability to the extent arising from the Licence-related activities of Licensing Authorities, including without limitation, the processing, issuance, renewal, refusal to issue or renew, suspension, termination and / or enforcement of Licences by Licensing Authorities.

6. Licensing Authority Communications

6.1 We are not responsible and have no liability for any Licensing Authority communications (including their content) or for any other interactions between you and any Licensing Authority. Any actions that you may take, or refrain from taking, and any liabilities that you may incur, as a result of any such communications and interactions are at your own risk. We have no obligation to become involved in any dispute between you and any Licensing Authority.

6.2 Without limiting clause 6.1, we provide the Licence application forms (including any notes and/or other content associated with such forms) as supplied to us by the Licensing Authorities. We are not responsible or liable for any mistakes or inaccuracies or other issues arising from the content of such forms and related content that we make available to you on behalf of the Licensing Authorities through the Service.

7. Payments

7.1 You may use the Service to pay Licence Fees and if applicable, any Payment Processing Fees, for Licences that you apply for using the Service.

7.2 To make a payment using the Service, you must use a valid debit card or credit card or transfer funds directly to the specified An Post Licences.ie bank account via an electronic funds transfer (EFT) from your bank account and otherwise make the payment in accordance with the instructions on the Site. We may facilitate other payment methods in the future.

7.3 If you choose to pay Licence Fees (and any applicable Payment Processing Fees) using a debit or credit card, you will be transferred to the [An Post payment page which uses the services of a third party payment processor (Worldpay) to process your payment. Your card transaction will be authorised in real time using the Verifone software package PayWare and your payment information will be obtained by Worldpay. If you choose to pay Licence Fees and any applicable Payment Processing Fees using a debit or credit card you hereby consent to Worldpay processing your payment information and related personal data solely for purposes of facilitating such payment.] We will not forward your Licence application to the Licensing Authority until your payment has been successfully processed. We will notify you via email when your payment has been processed. We will endeavour to forward your Licence application to the relevant Licensing Authority promptly once your payment has been
processed successfully. You can check the status of your Licence application in your Account.

7.4 If you choose to pay Licence Fees and any applicable Payment Processing Fees via EFT, we will provide you with the details of the An Post Licences.ie bank account to which you are required to transfer the applicable fees from your bank account. We will not forward your Licence application to the Licensing Authority until we have received your payment of the applicable Licence Fees and any applicable Payment Processing Fees into our bank account. We will notify you via email when we have received your payment. We will endeavour to forward your Licence application to the relevant Licensing Authority promptly after we receive your payment of the Licence Fees and any applicable Payment Processing Fees into the An Post Licences.ie bank account. It may take up to 2 to 3 business days for the Licence Fees and any applicable Payment Processing Fees paid by you to be received into the An Post Licences.ie bank account. You can check the status of your Licence application in your
Account. You are solely responsible for ensuring that you transfer the required payment to the An Post Licences.ie bank account. We may, but we are not obliged to, remind you that you have not transferred payment to our bank account.

7.5 We reserve the right to periodically delete Licence applications (together with any supporting documentation that you have uploaded) from your Account when no payment of Licence Fees and any applicable Payment Processing Fees has been made, or the Licence applications otherwise remain incomplete, after a reasonable period of time.

7.6 All Licence Fees and any applicable Payment Processing Fees that you pay through the Service are paid to An Post. We will then remit Licence fees to the relevant Licensing Authority on your behalf.

7.7 You will be notified of the applicable Licence Fees and any applicable Payment Processing Fees before you submit your completed application for any Licence through the Service. We display the Licence Fees and any applicable Payment Processing Fees notified to us by each Licensing Authority and we are not responsible or liable for any incorrect fee information provided to us by any Licensing Authority. Depending on the nature of the Licence Fee, you may be responsible for calculating the actual Licence Fee payable based on your stated use of the relevant Licence. In all cases, you are solely responsible and liable for ensuring that you pay the correct Licence Fee and any applicable Payment Processing Fee; we will simply transmit the amount of the Licence Fee that you pay to us, to the relevant Licensing Authority; we are not required to verify that you have paid the correct fees.

7.8 If you fail to pay the correct Licence Fee and any applicable Payment Processing Fee, you will need to address this directly with the relevant Licensing Authority. For example, if you have overpaid the Licence Fee, in most cases you will need to obtain a refund directly from the relevant Licensing Authority. We may, depending on the reason for the overpayment, seek to facilitate a refund of overpaid fees through the Service, but we are under no obligation to do so. If you have underpaid the Licence Fees or any applicable Payment Processing Fees, the Licence Authority may refuse to issue your Licence. In such case, the Licence Authority may contact you to obtain the additional required payment which you may make through the Service; however, you are responsible for contacting the Licensing Authority if you have underpaid any Licence Fees or any applicable Payment Processing Fees.

7.9 If you contact us about a payment-related issue, we will use our reasonable endeavours to help resolve the issue. For example, if there is problem processing your payment using your debit or credit card, we will endeavour to establish the reason for this. However, you are responsible for making all required payments and for resolving all Licence Fee and any Payment Processing Fee-related issues with each Licensing Authority with whom you interact and we cannot become involved in any disputes arising between you and any Licensing Authority relating to Licence Fees which have already been processed through the Service and remitted to the Licensing Authority, or any other matter arising between you and a Licensing Authority relating to a Licence issued by that Licensing Authority.

7.10 In making a payment through the Service, you warrant and undertake to us that:

(a) You are the owner of, or otherwise legally entitled to make payments using, the credit or debit card or bank account used by you to pay the Licence Fees and any applicable Payment Processing Fees;

(b) The funds on the credit or debit card or in the bank account used to pay the Licence Fees and any applicable Payment Processing Fees are sufficient to meet the amount due to the Licensing Authority for the relevant Licence; and

(c) You hereby agree to indemnify us and keep us indemnified on demand, from and against any and all losses, claims, demands, costs, fines, charges, expenses, liabilities, damages, proceedings and actions which we may sustain, incur or which may be brought or established against us by any person which arise out of or in way relate to, or arise by reason of your unlawful use of, any credit or debit card or bank account or by reason of fraud or otherwise arising from your failure to pay any fees for any Licence when due.

7.11 In the event that a Licensing Authority rejects your application for a Licence, it shall be the responsibility of the Licensing Authority to arrange for any refund of fees due to you in accordance with its refund procedures. This is a matter solely between you and the relevant Licensing Authority and we are not required to provide any refund to you on behalf of a Licensing Authority or otherwise.

7.12 When you apply for and / or pay for a Licence, you will be provided with a reference number and an order number. You should keep those numbers carefully and you must use both of them when contacting us and / or any Licensing Authority in connection with any Licence application- or payment-related questions that you have.

8. Intellectual Property Rights

8.1 We are the owner or the licensee of all copyrights, trade marks, service marks, logos, database rights and other intellectual property rights, whether registered or unregistered, in or otherwise applicable to the Service, and all Content that we make available through the Service. The Service and the Content are protected by copyright, database, trade mark and related intellectual property rights laws and treaties around the world. All such rights are expressly reserved by us and our licensors.

8.2 Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring on you or any third party any licence or right, to use or otherwise exploit the intellectual property rights in the Service or any of the Content without our express prior written consent.

9. Availability of the Service

9.1 We shall use commercially reasonable endeavours to make the Service available to you. However, to the extent permitted by applicable law, we do not represent or warrant that the Service will be uninterrupted, error-free, accurate, reliable, up to date, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Your access to and use of the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new functionality or services.

9.2 To the extent permitted by applicable law, we will not be liable for any loss or damage caused by hacking, a distributed denial-of-service attack, viruses or other technologically harmful material that may infect, damage or affect the use of your computer or similar device, equipment, programs, data or other material due to your use of the Service or otherwise relating to your accessing or downloading of any Content.

9.3 Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such Content or to otherwise keep it current.

9.4 You are responsible, at your own cost, for procuring your own equipment, Internet access and making all other arrangements necessary for you to have access to our Site and Service.

10. Our liability

10.1 The Service is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, and subject to clause 10.5, the Service and the Content are provided without any guarantees, representations, conditions, warranties, covenants or commitments as to their accuracy, completeness, adequacy, reliability, fitness for a particular purpose, non-infringement or otherwise, and your use of the Service and the Content is at your own risk.

10.2 Subject to clause 10.5 and to the extent permitted by applicable law, we hereby exclude all implied warranties, representations, conditions and other terms in respect of the Service and its Content, whether implied by statute, common law, the law of equity, course of dealing, trade use or otherwise.

10.3 To the extent permitted by applicable law and subject to clause 10.5, we hereby exclude our liability, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise, even if foreseeable, for any:

10.3.1 indirect, special or consequential loss or damage;

10.3.2 wasted expenditure;

10.3.3 loss of income or revenue;

10.3.4 loss of business;

10.3.5 loss of profits or contracts;

10.3.6 loss of anticipated savings;

10.3.7 loss or corruption of data; and

10.3.8 loss of goodwill,

in each case arising under or in connection with: (i) the use of, or inability to use, the Service; or (ii) the use of or reliance by any person on any Content on, or accessible through, the Service; or (iii) otherwise arising in connection with An Post’s provision of the Service or these Terms.

10.4 Subject to clauses 10.3 and 10.5 and to the extent permitted by applicable law, our total aggregate liability in respect of your use of, or otherwise arising in respect of, the Service (including all Content), or otherwise in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise shall not exceed the greater of: (i) the Licence Fees paid by you through the Service during the twelve (12) month period immediately preceding the event giving rise to An Post’s liability; or (ii) the sum of one hundred euro (€100).

10.5 Nothing in these Terms excludes or limits our: (i) liability for death or personal injury arising from negligence; (ii) liability for fraud; (iii) liability for fraudulent misrepresentation; and/or (iv) liability which cannot by applicable law be excluded or limited.

10.6 The Service is a service offered by An Post in response to a public procurement tender operated by the Local Government Management Agency (“LGMA”). An Post, as the successful tenderer, now provides the Service on behalf of the LGMA in accordance with a framework contract issued by the LGMA. For the purposes of this clause, An Post is acting as agent for and on behalf of the LGMA. The LGMA shall not be liable to you for: (a) any Licence charges or fees; or (b) any losses, claims, demands, damages or expenses arising as a result of the Service or these Terms. An Post shall be entitled to enforce this clause for and on behalf of the LGMA; provided however, that the LGMA shall be entitled at its option, to enforce this clause directly against you.

11. Suspension and Termination

11.1 You may at any time terminate your use of the Service by ceasing to access and use the Service. In any event, we reserve the right to close your Account and subject to clause 11.4, delete all data associated with it if you have not used the Service for a prolonged period. You are responsible for keeping copies of all your information stored in your Account as we are under no obligation to retain this on your behalf after your Account is closed.

11.2 We may at any time terminate your access to and permitted use of the Service by giving you at least 30 days’ prior written notice by email (which notice may also be displayed on the Site). Your access to and permitted use of the Service will cease on the date specified in the notice.

11.3 Notwithstanding clause 11.2, we may suspend or terminate your access to and permitted use of the Service immediately by giving notice in writing by email (which notice may also be displayed on the Site) to you if:

11.3.1 you are in breach of these Terms;

11.3.2 we are required to do so by law or any governmental, judicial or regulatory authority; or

11.3.3 we determine that the provision of the Service in accordance with these Terms is or may be contrary to applicable law

11.4 The termination of your use of the Service will be without prejudice to the rights and remedies of either party which may have accrued up to the date of termination, all of which will survive. We may close your Account following the termination of your use of the Service for whatever reason; provided however, that we may retain information associated with your Account to the extent permitted and/or required by applicable law.

11.5 Upon the termination of your use of the Service for any reason whatsoever, any rights or licences granted to you under or pursuant to these Terms will cease to have effect. Any provision which expressly or by implication, is intended to come into or remain in force on or after termination of your use of the Service will continue in full force and effect, including without limitation, this clause 11.5 and clauses 1, 4.3, 4.4, 5.2, 6, 7, 8, 9.2, 9.3, 10, 11.4, and 12 to 17 inclusive.

12. Force Majeure

12.1 We will not be in breach of these Terms or liable for any failure or delay in performance of any obligations under these Terms (and the date for performance of the obligations affected will be extended accordingly) as a result of a Force Majeure Event.

12.2 If a Force Majeure Event continues for longer than 15 days we may immediately terminate your right to use the Service by giving you written notice in accordance with clause 17.2.

12.3 In this clause 12, “Force Majeure Event” means any event outside our reasonable control affecting our ability to perform any of our obligations under these Terms, including act of God, fire, flood, lightning, act of terrorism, riot or civil commotion, strikes, locks outs and industrial action, failure of supplies of power, fuel, transport, equipment, raw materials or other goods or services.

13. Variation of Terms

13.1 We may from time-to-time add to, change or remove any part, term or condition of these Terms, by posting a revised version of these Terms on our Site. It is your responsibility to check these Terms periodically for changes; however, we will notify you by email if we make material changes to these Terms. By continuing to use the Service after you are notified of such updated Terms you indicate your acceptance of such changes.

14.2 These Terms and the documents referred to in clause 14.1 constitute the entire agreement with respect to your access to and use of the Service.

15. Severance and Waiver

15.1 If any provision, covenant or obligation contained in these Terms is void, voidable, illegal or otherwise unenforceable, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had the invalid provision eliminated. An Post shall not be deemed to have waived the application of any term or condition in these Terms unless such waiver is expressed in writing and signed by an authorised officer of An Post.

16. Jurisdiction and Applicable Law

16.1 The Irish courts will have exclusive jurisdiction over any claim, dispute or difference between you and us (including non-contractual disputes or claims) arising from, or related to, your visit to the Site, use of the Service, any Content or other material published or uploaded to the Service, or otherwise arising from or relating to the Site, the Service or these Terms.

16.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Ireland.

16.3 We are legally required to notify you of the existence of the EU online dispute resolution platform which you can read about at http://ec.europa.eu/consumers/odr/. However, An Post is not required to agree to use alternative dispute resolution procedures in the event of a dispute between us.

17. Notices

17.1 Any notices under these Terms that you send to us must be in writing and must be provided by personal delivery or by sending the notice by registered post to An Post, General Post Office, O’Connell Street Lower, Dublin 1, D01 F5P2. You may not send us notices by email. Any such notice shall be deemed to have been received by us upon delivery if served by hand or upon confirmation of delivery by An Post if delivered by registered post.

17.2 Any notices under these Terms that we send to you will be sent via email to the current email address associated with your Account. Such notices will be deemed to be received by you when our email computer program indicates that the email has been sent to you. It is your responsibility to ensure that you update your email address associated with your Account if your email address changes. We may also send notices to you by personal delivery and registered post, in which case, such notices shall be deemed to have been received by you upon delivery if served by hand or upon confirmation of delivery by An Post if delivered by registered post.